Guidelines 5/2019 published by the EDPB on the Right to be Forgotten
The European Data Protection Board, or the ‘EDPB’, has issued a set of guidelines (Guidelines 5/2019) regarding the criteria of the right to be forgotten under the General Data Protection Regulation, or ‘GDPR’ (Regulation 2016/679). The right to be forgotten is dealt with in Articles 17 and 19 of the GDPR, together with the right …
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Uncapped EU Funds available for Hardest Hit Sectors
Member State governments may grant financial assistance or other forms of aid to their companies and/or sectors in difficulty so long as this aid is compatible with EU State aid rules namely Articles 107(2) or Article 107(3) of the Treaty on the Functioning of the EU (“TFEU”).
Data Protection, Gaming Affiliates, & Direct Marketing – Processor or Controller?
The role of affiliates in relation to gaming operators’ platforms is to drive individuals to an operator’s site/app with the aim of such individual signing up to become players. The legal position of whether an affiliate is deemed to be a controller or processor in light of data protection law, has been subject to some …
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Malta Individual Investor Programme (MIIP) Has Reached Its Cap
As most people are aware, when enacted back in 2014 the Malta Individual Investor Programme (hereinafter ‘MIIP’) which grants Citizenship by Investment in Malta, stated that the number of successful main applicants, shall not exceed one thousand and eight hundred (1,800) for the whole duration of the Programme. This week the Malta Individual Investor Programme …
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Assignments of Rights Acquired Under a Promise of Sale Agreement Rules 2020
Legal Notice 191 of 2020, which came into effect from the 1st of January 2020, introduces a final tax on the assignments of rights acquired in terms of a promise of sale agreement.
What are the Employer’s Obligations with regards to Employee Representatives?
The Employee (Information and Consultation) Regulations (S.L 452.96) (the ‘Regulations’) make provision for the right to information and consultation of employees including the election of an employee representative to represent categories of employees which do not fall under a trade union. These Regulations bind employers to ensure that they make the practical arrangements in order to allow …
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New Pension Regulations on Cross-Border Activities and Transfers
The ‘Retirement Pensions (Cross-Border Activities and Cross-Border Transfers) Regulations (the “Regulations”) came into force on 13th March 2020 by means of Legal Notice 48 of 2020. The Regulations transpose certain provisions of Directive (EU) 2016/2341 (the “Directive”), more commonly referred to as the IORP II Directive. While many of the Directive’s provisions have as their main …
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Redundancies under Maltese Law
When terminating on grounds of redundancy, an employer must always follow the last in, first out rule. Thus, the last person engaged within a class of employees affected by the redundancy should be the first to be made redundant.
COVID-19: Teleworking Becomes a Necessity Not Just an Employee Benefit
Due to the present circumstances, many employers have had to put into action contingency plans with regards to remote working in order to abide by the public health department’s instructions to safeguard the health of their employees.
Tips to Ensure Data Security whilst Working from Home
While technological developments over the last couple of decades have made this transition to remote working a relatively seamless one, it’s important to stay vigilant: working from home can increase risks to employee privacy and company security, making it a growing challenge for employers.